HomeMy WebLinkAbout389317 PROCTOR ENGINEERING GROUP - CONTRACT - AGREEMENT MISC - PROCTOR ENGINEERING GROUP1
Scope of Work
Air Conditioning Quality Installation Program
1. INTRODUCTION
Fort Collins Utilities (“Utilities”), a municipal electric utility, will continue to support its
customers to deliver air conditioner (AC) peak electrical demand reductions and energy use
savings in both the residential and small commercial sectors. In 2014, the program will be
limited to utilizing the CheckMe!® call-in center for new/replacement system commissioning
for the Utilities’ Business Efficiency and Home Efficiency Programs, and a small amount of
system QC checking under the new green energy code guidelines for new homes. This Scope of
Work (SOW) defines the services required from Proctor Engineering Group (Service Provider –
“SP”) to support these efforts. This SOW is applicable to calendar year 2014 CheckMe services,
expiring 31 December, 2014. A Purchase Order will be created upon receipt of a signed copy of
this agreement.
2. SCOPE OF SERVICES
Standard Residential and Commercial AC Commissioning Test
As part of delivering AC testing services under the CheckMe!® protocol, the SP’s role is to:
Provide call-in access for local certified CheckMe!® technicians
Verify that program clients are Fort Collins Utilities electric customers
Report data from each job to Utilities (previous format utilized is acceptable)
Provide training materials upon request
Schedule of Fees
CheckMe!® Call-in Services - $75 per system check
Training materials - $52 per binder
Consulting Services on an as-needed basis per the following rates
hourly
rate
Principal, John
Proctor
$288
Senior Project
Engineer
$203
Project
Engineer
$135
Administrative
Staff
$82
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Estimated Program Budget
CheckMe!® Call-in Services – 125 @ $75 per call = $9,375
Training materials – 15 @ $52 per binder = $780
Consulting Services- Non anticipated = $0
Total = $10,155
Utilities’ Roles
Utilities roles include:
Training of additional local technicians, as needed
Provide a customer database for the purposes of checking eligibility quarterly. SP
understands that all customer and program data are the property of the City and will not
share data with any other entity.
Provide payment to SP for monthly documented delivery of program services.
3. SCHEDULE and DELIVERABLES
The following schedule is proposed for 2014:
Target Date SP Deliverables
Finalize Statement of Work 14 April, 2013 Return signed contract
Technician Training and
Refresher Training – as
needed
Early May,
2014 Arranged and conducted by FC Utilities
Production Begins
As weather
allows testing
Monthly Report of Activity, kWh savings, and
kW Reductions
4. TERMS AND CONDITIONS
a. Insurance. The Professional shall maintain commercial general liability insurance in the
amount of $500,000 combined single limits in the amount of $1,000,000, in accordance
with Exhibit A, consisting of one (1) page, attached hereto and incorporated herein.
b. Special Provisions. Special provisions or conditions relating to the services to be
performed pursuant to this Agreement are set forth in Exhibit "B" - Confidentiality,
consisting of one (1) page, attached hereto and incorporated herein by this reference.
c. Red Flags Rules. Service Provider must implement reasonable policies and procedures to
detect, prevent and mitigate the risk of identity theft in compliance with the Identity Theft
Red Flags Rules found at 16 Code of Federal Regulations part 681. Further, Service
Provider must take appropriate steps to mitigate identity theft if it occurs with one or
more of the City’s covered accounts and must as expeditiously as possible notify the City
in writing of significant breeches of security or Red Flags to the Utilities or the Privacy
Committee.
d. Subcontractors. Professional may not subcontract any of the Work set forth in the Exhibit
A, Statement of Work without the prior written consent of the city, which shall not be
unreasonably withheld. If any of the Work is subcontracted hereunder (with the consent
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of the City), then the following provisions shall apply: (a) the subcontractor must be a
reputable, qualified firm with an established record of successful performance in its
respective trade performing identical or substantially similar work, (b) the subcontractor
will be required to comply with all applicable terms of this Agreement, (c) the
subcontract will not create any contractual relationship between any such subcontractor
and the City, nor will it obligate the City to pay or see to the payment of any
subcontractor, and (d) the work of the subcontractor will be subject to inspection by the
City to the same extent as the work of the Professional.
e. Early Termination by City. Notwithstanding the time periods contained herein, the City
may terminate this Agreement at any time without cause by providing written notice of
termination to the Professional. Such notice shall be delivered at least fifteen (15) days
prior to the termination date contained in said notice unless otherwise agreed in writing
by the parties.
All notices provided under this Agreement shall be effective when mailed, postage
prepaid and sent to the following addresses:
Professional: City: Copy to:
Proctor Engineering Group
Attn: Abram Conant
418 Mission Avenue
San Rafael, CA 94901
City of Fort Collins
Attn: Kim DeVoe
PO Box 580
Fort Collins, CO 80522
City of Fort Collins
Attn: Purchasing Dept.
PO Box 580
Fort Collins, CO 80522
Reviewed and Accepted by:
PROCTOR ENGINEERING GROUP
By:
Name:
Title:
Date:
THE CITY OF FORT COLLINS
By:
Gerry Paul
Director of Purchasing & Risk Management
Date:
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Assistant Chief Engineer
Abram Conant
4/24/2014
4/24/2014
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EXHIBIT A
INSURANCE REQUIREMENTS
1. The Professional will provide, from insurance companies acceptable to the City, the
insurance coverage designated hereinafter and pay all costs. Before commencing work
under this bid, the Professional shall furnish the City with certificates of insurance
showing the type, amount, class of operations covered, effective dates and date of
expiration of policies, and containing substantially the following statement:
"The insurance evidenced by this Certificate will not be cancelled or materially
altered, except after ten (10) days written notice has been received by the City of Fort
Collins."
In case of the breach of any provision of the Insurance Requirements, the City, at its
option, may take out and maintain, at the expense of the Professional, such insurance
as the City may deem proper and may deduct the cost of such insurance from any
monies which may be due or become due the Professional under this Agreement. The
City, its officers, agents and employees shall be named as additional insureds on the
Professional's general liability and automobile liability insurance policies for any claims
arising out of work performed under this Agreement.
2. Insurance coverages shall be as follows:
A. Workers' Compensation & Employer's Liability. The Professional shall maintain
during the life of this Agreement for all of the Professional's employees engaged in
work performed under this agreement:
1. Workers' Compensation insurance with statutory limits as required by
Colorado law.
2. Employer's Liability insurance with limits of $100,000 per accident,
$500,000 disease aggregate, and $100,000 disease each employee.
B. Commercial General & Vehicle Liability. The Professional shall maintain during the
life of this Agreement such commercial general liability and automobile liability
insurance as will provide coverage for damage claims of personal injury, including
accidental death, as well as for claims for property damage, which may arise
directly or indirectly from the performance of work under this Agreement.
Coverage for property damage shall be on a "broad form" basis. The amount of
insurance for each coverage, Commercial General and Vehicle, shall not be less
than $500,000 combined single limits for bodily injury and property damage.
In the event any work is performed by a subcontractor, the Professional shall be
responsible for any liability directly or indirectly arising out of the work performed
under this Agreement by a subcontractor, which liability is not covered by the
subcontractor's insurance.
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EXHIBIT B
CONFIDENTIALITY
IN CONNECTION WITH SERVICES provided to the City of Fort Collins (the “City”) pursuant to
this Agreement (the “Agreement”), the Professional hereby acknowledges that it has been
informed that the City has established policies and procedures with regard to the handling of
confidential information and other sensitive materials.
In consideration of access to certain information, data and material (hereinafter individually and
collectively, regardless of nature, referred to as “information”) that are the property of and/or
relate to the City or its employees, customers or suppliers, which access is related to the
performance of services that the Professional has agreed to perform, the Professional hereby
acknowledges and agrees as follows:
That information that has or will come into its possession or knowledge in connection with the
performance of services for the City may be confidential and/or proprietary. The Professional
agrees to treat as confidential (a) all information that is owned by the City, or that relates to the
business of the City, or that is used by the City in carrying on business, and (b) all information
that is proprietary to a third party (including but not limited to customers and suppliers of the
City). The Professional shall not disclose any such information to any person not having a
legitimate need-to-know for purposes authorized by the City. Further, the Professional shall not
use such information to obtain any economic or other benefit for itself, or any third party, except
as specifically authorized by the City.
The foregoing to the contrary notwithstanding, the Professional understands that it shall have no
obligation under this Agreement with respect to information and material that (a) becomes
generally known to the public by publication or some means other than a breach of duty of this
Agreement, or (b) is required by law, regulation or court order to be disclosed, provided that the
request for such disclosure is proper and the disclosure does not exceed that which is required.
In the event of any disclosure under (b) above, the Professional shall furnish a copy of this
Agreement to anyone to whom it is required to make such disclosure and shall promptly advise
the City in writing of each such disclosure.
In the event that the Professional ceases to perform services for the City, or the City so requests
for any reason, the Professional shall promptly return to the City any and all information
described hereinabove, including all copies, notes and/or summaries (handwritten or
mechanically produced) thereof, in its possession or control or as to which it otherwise has
access.
The Professional understands and agrees that the City’s remedies at law for a breach of the
Professional’s obligations under this Confidentiality Agreement may be inadequate and that the
City shall, in the event of any such breach, be entitled to seek equitable relief (including without
limitation preliminary and permanent injunctive relief and specific performance) in addition to all
other remedies provided hereunder or available at law.
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DocuSign Envelope ID: FFB9F913-871C-4026-AA0F-0FE41B9C7132
DocuSign Envelope ID: FFB9F913-871C-4026-AA0F-0FE41B9C7132